CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft.
CASA or its predecessors issued AD/PA-34/1 affecting Piper PA-34 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 23 October 2008. No replacement AD is required.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation within Australia, with the overarching aim of protecting the public from aviation-related risks. The Act provides a legislative framework for the regulation of civil aviation and is instrumental in establishing safety standards and practices. One of the mechanisms through which the Act achieves its objectives is through the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail the process and authority for CASA to issue these directives, which serve as crucial tools in maintaining the continuing airworthiness of aircraft. As a legislative instrument, ADs are subject to disallowance under the Acts Interpretation Act 1901 and are reviewed in accordance with the Legislative Instruments Act 2003. The enactment of this Act and the subsequent regulations underscore the commitment to aligning Australian aviation safety practices with international standards, particularly under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards as per the Civil Aviation Act 1988. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and they form a critical part of maintaining the continuing airworthiness of aircraft. The ADs are typically issued by states adhering to the Convention on International Civil Aviation, with the State of Design responsible for providing necessary information to the States of Registry. In Australia, CASA, acting under the authority granted by the Civil Aviation Act 1988, has the responsibility to issue and manage these directives for aircraft registered within its jurisdiction. The cancellation of AD/PA-34/1 for Piper PA-34 aircraft exemplifies the process CASA follows to manage and update safety directives in line with international obligations and safety standards. The cancellation of this particular AD, effective from 23 October 2008, was made without public consultation as it was in response to Australia's commitments under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations, such as the Civil Aviation Safety Regulations 1998, lay out specific provisions for ensuring the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that are essential for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These ADs are critical instruments for maintaining the safety and airworthiness of aircraft and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to ensure that ADs are issued to maintain the airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design must take overall responsibility for the continuing airworthiness of an aircraft type, providing necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, as the regulatory body, must follow these international obligations and ensure compliance through the issuance and management of ADs.
Failure to comply with ADs or the obligations set forth in the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 can lead to serious consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that breaches of these regulations can result in enforcement actions by CASA. The maximum penalties for non-compliance can include fines and other legal repercussions, reflecting the serious nature of ensuring air navigation safety. CASA's role in issuing and managing ADs is thus crucial, as it directly impacts the safety and compliance of aircraft operating in Australian airspace.